October 31, 2019 BY ELECTRONIC MAIL Mark Kelly, Commissioner Chicago Department of Cultural Affairs and Special Events 78 E. Washington St., 4th Floor Chicago, IL 60602
[email protected] Re: Unconstitutional Regulation of Millennium Park Dear Mr. Kelly: I write regarding the conduct of security personnel at Refuse Fascism’s October 26, 2019 protest in Millennium Park (the “Park”). Based on witness accounts, Park security made unconstitutional demands of protesters, some of which were based on unconstitutional provisions of the August 26, 2019 Millennium Park Rules (the “Rules”) promulgated by the Department of Cultural Affairs and Special Events (DCASE). 1 I ask for your assurances that such restrictions will not be imposed at future protests, including Refuse Fascism’s demonstrations planned for the next three Saturdays. Public parks are traditional public forums that “have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.” Perry Ed. Assn. v. Perry Local Educators' Assn., 460 U.S. 37, 45 (1983) (quoting Hague v. Committee for Industrial Organization, 307 U.S. 496, 515 (1939)). In such places, the government’s authority to restrict speech is limited to “regulations of the time, place, and manner of expression which are content-neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication.” Perry, 460 U.S. at 45. On October 26, Park security officers went well beyond the government’s constitutional authority to regulate speech in a public park.